that's unreal and happy jack - mast · the stem of that's unreal ran over the foredeck of...

Marine and Safety (Maritime Incidents) Regulations 2007

Investigation into a Collision

between

That's Unreal and Happy Jack

D'Entrecasteaux Channel

5 February 2013

MARINE AND SAFETYTASMANIA

That's Unreal Happy Jack

............................................................................................Foreword! 3

............................................................................................Summary ! 4

.....................................................................Sources of Information! 5

..............................................................................Details of Vessels ! 6

.............................................................................................Narrative ! 7

...................................................................Comment and Analysis ! 10

...........................................................................................................General! 10

...........................................................................................Rule of the Road! 10

..........................................................................................................Lookout! 11

.............................................................................................................Speed! 11

...........................................................................Experience of the Skipper! 12

................................................................................Tawe Nunnugah Safety! 12

..............................................................Visibility of Low-sided Small Craft! 13

............................................................................................The Unexpected! 13

.......................................................................................................Reporting! 13

.......................................................................................................Sun Glare! 14

........................................................................................Drugs and Alcohol! 14

................................................................................Actions After the Event! 14

.............................................Response by the Operators of That's Unreal! 14

.....................................................................................Conclusions! 15

...........................................................................Recommendations! 16

............................................................................Appendix: Photos ! 17

Investigation Report: That's Unreal and Happy Jack

2

Foreword

Inquiries and investigations into Marine Casualties occurring within Marine and Safety Tasmania’s (MAST) jurisdiction are conducted under the provisions of the Marine and Safety (Maritime Incidents) Regulations 2007.

Incident investigation reports must be submitted to the Board of Directors of MAST.

It is MAST policy to publish such reports to increase the awareness of marine incidents so as to improve safety at sea.

Copies of the reports can be obtained from:

Marine and Safety Tasmania,PO Box 607Hobart TAS 7001

Or the web site:

http://www.mast.tas.gov.au (Publications)


3

http://www.mast.tas.gov.au

http://www.mast.tas.gov.au

Summary

On 5 February 2013, the sailing/rowing skiff Happy Jack was rounding Huon Point under oars on its way from Port Esperance towards Cygnet as a participant in a small boat event. A safety boat associated with the event was in attendance. The salmon-farm dive-boat That's Unreal was travelling at about 28 to 30 knots from its base in the Huon River towards the salmon-farm lease off Roaring Beach. As it approached Huon Point, on a south-easterly course, the skipper saw the safety boat. Aware that his boat generated a significant wash, he altered course to port to give the safety boat a wide berth. He had not seen the Happy Jack and did not see that the new course put him at risk of collision with the skiff. Moments before the impact, the skipper saw the Happy Jack and made a sharp alteration of course to starboard, but the boats collided before he could slow down. The bow of That's Unreal cut through the foredeck of Happy Jack and broke the forestay, resulting in the mast falling down.

There were no injuries as a result of the incident.


4

Sources of Information

• MaST Incident Report submitted by master of That's Unreal, 6 Feb 2013• MaST Incident Report submitted by master of Happy Jack, 6 Feb 2013• Internal Incident Investigation Report, supplied by operators of That's Unreal• Action Plan, supplied by operators of That's Unreal• Witness statements supplied by operators of That's Unreal• Tawe Nunnugah 2013 Risk Management and Safety Plan, Supplied by the Living

Boat Trust• Vessel inspection, Happy Jack, 7 May 2013• Vessel inspection, That's Unreal, 7 May 2013• Interview with skipper of Happy Jack, 24 May 2013• Interview with skipper of Living Boat Trust safety boat, 27 May 2013• Interview with skipper of That's Unreal, 21 June 2013• Interview with President of Living Boat Trust, 26 June 2013• Marine and Safety (Collision) Regulations, 2007• Marine and Safety (Pilotage and Navigation) Regulations, 2007• International Regulations for Preventing Collisions at Sea, 1972• A N Cockroft and J N F Lameijer: A Guide to the Collision Avoidance Rules, sixth

edition, 2004


5

Details of Vessels

That's Unreal

Type: Salmon-Farm dive-boatLength: 9 mBeam: 3 mPropulsion: 2 x 250 Hp Outboard enginesHull: AluminiumSuperstructure: Forward wheelhouse

Survey: 3E

Crew qualification requirements:Skipper: Coxswain Restricted

Happy Jack

Type: Rowing/sailing skiffMake/design Derwent Raider/Allan WittLength: 4.5 mBeam: 1.14 mPropulsion: Oars or sailHull: Plywood

Status: Recreational boat not required to be registered


6

Narrative

Happy Jack is a 4.5 metre rowing and sailing skiff built from 4 mm plywood. It is designed to be rowed or sailed by one person, with the possibility of carrying one passenger, and has a self-draining cockpit. In February 2013, Happy Jack was being rowed by a single occupant. The boat was participating in the 2013 Tawe Nunnugah, which is a biennial event run by the Living Boat Trust (LBT), involving a fleet of small boats rowing and sailing from Cockle Creek, in the southern D'Entrecasteaux Channel, to Hobart over a ten day period, their arrival in Hobart timed to coincide with the beginning of the Wooden Boat Festival. The small rowing and sailing boats were attended throughout the event by several larger vessels as well as by two outboard aluminium safety boats of about 4.3 metres in length. Each of these boats reported to an 18 metre ketch, which was the mother ship for the event.

On the morning of 5 February, the boats participating in the Tawe Nunnugah departed from their overnight campsite in Port Esperance, heading for their next campsite at Port Cygnet. The boats soon spread out because of their different speeds and Happy Jack was among the leaders. The organisers of the event had allocated a safety boat to the front-runners, but the arrangement was flexible, in that the particular boats attended by the safety boat could change from time to time, depending on the circumstances. The details of which participants each safety boat was to look after were negotiated using VHF radio between the skippers of the safety boats, the skippers of the participant boats and the skipper of the mother ship. It was a LBT requirement that all boats participating in the event carry a VHF radio; Happy Jack was carrying a hand-held VHF radio supplied by the LBT.

The skipper of the safety boat responsible for the front-runners was in the practice of travelling some distance ahead of the boats he was responsible for, then waiting for them to catch up. At about 1130 he had passed between Huon Point and the salmon-farm lease at Flathead Bay, and was waiting for the rowing boats in the vicinity of Flathead Bay, about 100 metres from the shore.

The wind was light and the sea was smooth. It was a sunny day and visibility was excellent.

Happy Jack passed Huon Point shortly after the safety boat and was being rowed on a course towards Port Cygnet. It was in sight of the safety boat and a few hundred metres further offshore. Happy Jack radioed the skipper of the safety boat to clarify directions and the skipper of the safety boat told him that he would come over to him. The skipper of Happy Jack began rowing towards the safety boat. At about this time, both skippers saw a salmon-farm boat coming at speed from the north-west.


7

The salmon-farm dive-boat That's Unreal had left its base in Hideaway Bay and was heading out to work on the Flathead Bay lease off Huon Point. On board were the skipper, who was also the dive-supervisor, and four divers. Once clear of the Hideaway Bay lease, the skipper opened the throttle to 5000 RPM, corresponding to a speed of 28 to 30 knots, which is the normal cruising speed for this boat.

As the boat passed Surveyors Point, heading on a south-easterly course, the skipper saw the Tawe Nunnugah safety boat. Mindful that his boat put up a large wake that might be a nuisance to other boats, the skipper altered course to port to give the safety boat a wide berth of about 200 metres. At this point the skipper of That's Unreal was not aware that the safety boat was associated with an event; he assumed that it was a recreational boat fishing alone. He had not seen Happy Jack.

In altering course away from the safety boat, the skipper of That's Unreal had unwittingly begun steering towards Happy Jack. The first time he saw the skiff was when he caught sight of its mast, the hull being already obscured by the bow of his boat. He estimates that the boats were only about 5 metres apart at this point. He immediately altered course to starboard in an attempt to avoid collision.

The skipper of Happy Jack had only just started rowing slowly towards the safety boat when he saw the dive-boat approaching rapidly on his starboard beam. He instinctively began rowing backwards, but was able to make only one or two strokes before the boats collided. The skiff was probably moving slowly astern at the time of the impact.

The stem of That's Unreal ran over the foredeck of Happy Jack at a point close to the bow, making a hole in the plywood. The wire stay holding up the mast was broken and the mast fell down. That's Unreal was not damaged in the collision.

The skipper of Happy Jack was not injured in the collision. Remarkably, the skiff remained upright and afloat.

The position of the collision was about 0.7 nautical miles north of Huon Point, about 300 metres offshore.

After the collision, the skipper of That's Unreal powered down and turned his boat around to return to Happy Jack so that he could render assistance. He established that the skipper was not injured, and noticed that he was very calm but possibly in shock. He also made sure that


8

the boat was not sinking. He offered to take the skiff in tow, but by this time the Tawe Nunnugah safety boat had arrived at the scene so the offer was declined.

The skipper of That's Unreal then returned to his base at Hideaway Bay and reported the incident to his employers. He thinks that he, too, could well have been in shock. Another skipper brought That's Unreal back out to meet with the skippers of Happy Jack and the safety boat to finalise the exchange of details and check that they needed no further assistance.

That's Unreal then continued with its duties. The skipper of Happy Jack got into the safety boat, which then towed the skiff to Port Cygnet.


9

Comment and Analysis

General

Although there were no physical injuries resulting from this incident and the property damage was minor, the outcomes could have been much worse. All parties are aware that this incident was only two or three metres away from the possibility of a serious injury or fatality.

Rule of the Road

All boats operating in Tasmanian waters must abide by the International Regulations for Preventing Collisions at Sea (the ColRegs). Under these rules, boats must at all times keep a proper lookout (Rule 5) and be operated at a safe speed (Rule 6). These rules will be considered separately below.

The rules also require operators to determine whether risk of collision exists (Rule 7) and require positive, early and substantial action to avoid collision (Rule 8). It is clear that the skipper of That's Unreal did not fulfil his obligations under these two rules, largely because he was unaware of the presence of Happy Jack until the last moment.

There is a commonly held view that power-driven vessels are required to keep out of the way of rowing boats. The ColRegs do not explicitly state this. Rule 18 lists the responsibilities between vessels, stating, for example, that a power-driven vessel shall keep out of the way of a sailing vessel. However, rowing boats are not mentioned at all in this rule.

Another view, perhaps less commonly held, is that rowing boats are propelled by oars, which are levers, which are a form of machine; therefore a rowing boat fits the definition of a power-driven vessel under Rule 3: "A power-driven vessel means any vessel propelled by machinery." This view is unlikely to stand up in law, since the propulsion power is delivered by a human, not a machine, albeit through levers.

Rule 2 applies here, in that skippers are required to take "any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case" to avoid collision. This rule clearly implies that a high-speed power boat would have an obligation not to run down a small, low-speed vessel that cannot take effective evasive action on its own, however the latter is propelled.

The skipper of That's Unreal took seamanlike action regarding the LBT safety boat as soon as he was in sight of it; he altered course in such a way that not only avoided collision but


10

also minimised the affect of his wake. There seems little doubt that he would have taken similar seamanlike actions regarding Happy Jack, had he seen it in time.

The skipper of Happy Jack appears to have fulfilled all his obligations with respect to the ColRegs: he was keeping an effective lookout, he was going at a safe speed, he determined risk of collision, and he took whatever action he could to avoid collision.

Lookout

The skipper of That's Unreal stated when interviewed that he was keeping a lookout. There is evidence of this, in that he saw the LBT safety boat in ample time to avoid collision. He could not explain why he had not seen Happy Jack earlier, except to suggest that he was paying too much attention to the safety boat. He claims that, while he was looking at the safety boat, he was also watching where he was going.

Besides the skipper, there were four divers in the boat. Although the skipper had not delegated lookout duty to anyone else, one of the divers on board the boat was standing next to the skipper in a position where he had an unobstructed view. He saw the LBT safety boat and observed the skipper's manoeuvre to give it a wide berth. He did not see Happy Jack until after the collision.

While it is true that a lookout was being kept on That's Unreal, it is evident from the collision that it was not a proper lookout as demanded by Rule 5.

Speed

At the time of the incident, That's Unreal was travelling at its normal cruising speed of about 28 to 30 knots (52 to 55 kilometres per hour). Given that the conditions were close to ideal, with light winds, smooth seas and excellent visibility, and given that the skipper was able to give other boats a wide berth as required by the rules, this was arguably a safe speed as defined by Rule 6.

The collision took place within the Port of Hobart for the purposes of the Marine and Safety (Pilotage and Navigation) Regulations 2007. According to these regulations, there is a speed limit of 5 knots within 60 metres of another boat. That's Unreal was clearly in breach of these limits with respect to Happy Jack. The breach occurred because the skipper of That's Unreal had not seen Happy Jack.


11

Although it was his practice to drive with his hand continuously on the throttle, he was unable to reduce speed in the short time between first seeing Happy Jack and the collision. He states that he saw the mast when it was only about 5 metres away. At 30 knots the boat would have covered this distance in about 0.3 seconds, which approximates the average human reaction time.

Although high speed was not a direct cause of this incident, it would certainly have been a factor in the level of injury sustained by the skipper of Happy Jack if the boat had impacted his person in any way.

Experience of the Skipper

The skipper of That's Unreal was a highly experienced operator of high speed powerboats. He had received extensive training while serving in the RAN in operating boats at significantly higher speeds than the dive boat was capable of reaching. He also operated a successful high-speed tourist boat business out of Sydney Harbour for several years, again at significantly higher speeds than 30 knots. He was therefore accustomed to dealing with much denser traffic than is likely to be encountered in the D'Entrecasteaux Channel and at higher speeds. He appears to be respected by his colleagues and employers as a careful and conscientious skipper. The fact that he was involved in an incident of such potentially severe consequences provides a warning to all operators and skippers of the need for persistent and disciplined vigilance, particularly when operating at speed.

Tawe Nunnugah Safety

Collision was not one of the risks identified by the LBT in their risk assessment for the 2013 Tawe Nunnugah. The Living Boat Trust's Safety Management Plan for the event included provisions for safety boats and 'buddy boats', so that the small boats in the fleet would remain in constant visual and radio contact with a boat capable of rendering assistance if required. The safety and buddy boats were not there to prevent collisions. It is difficult to see how the risk of collision could be effectively managed on the water by the organisers of an expedition fleet such as this without having each of the small, low visibility boats being continuously shadowed at close range by a safety boat. This would be impractical. It seems reasonable for the LBT to leave the primary responsibility for collision avoidance with the skippers of the boats concerned, which is also the way it must be according to the Collision Regulations. This is not to suggest that there are no possible actions the organisers could take to reduce collision risks. See "Recommendations" below.


12

To increase the visibility of the boats, the LBT required all boats in the Tawe Nunnugah to fly a LBT pennant, which is an orange (but not florescent) triangular flag with the LBT logo in the middle. The pennants measure 330 mm on the hoist and 700 mm on the fly. On the morning of the incident, Happy Jack was flying the LBT pennant from the masthead, about 4.5 metres above the waterline.

Visibility of Low-sided Small Craft

Happy Jack is a small boat, 4.5 metres long, that sits low to the water. Its freeboard (the distance from the waterline to the top of the hull) is about 300 mm, so the hull would not have broken the horizon when viewed from the steering position of That's Unreal. Its hull is varnished timber and its mast is black. All these factors made it more difficult to see than, for example, the safety boat. However, Happy Jack is not the smallest craft that could be operating in the D'Entrecasteaux Channel. A sea kayak, for example, would present an even lower profile and would be unlikely to have a mast.

All boats must keep a lookout such that they will not miss sighting any vessel, no matter how small or inconspicuous.

The visibility of Happy Jack had been improved by flying a pendant from the masthead. Visibility could have been further improved by a variety of methods:

• painting the hull a higher visibility colour• using a florescent pennant• the skipper wearing a high-visibility vest• fitting strobe lights to the hull or mast

The Unexpected

The skipper of That's Unreal might not have expected to encounter a small, low-sided rowing skiff in this relatively remote location. This may have contributed to his failure to see it, since humans are more likely to notice small objects if they are expecting to see them.

Reporting

The skipper of the Tawe Nunnugah mothership was making regular reports to Coast Radio Hobart (CRH). At about 0800 each day he would call CRH and report the departure of the fleet, where they were bound, the number of boats, and the total number of people on the water. Every evening, around 1700, he would make another report to the effect that the boats had arrived at their destination. Contact was made over VHF, initially on the calling channel (16), then transferring to a working channel. These reports were public in the sense that


13

anyone monitoring channel 16 could have followed the traffic to the working channel and listened in. However, there was neither an obligation nor any reason for operators of other vessels to do so.

Sun Glare

Some of the divers aboard That's Unreal at the time of the incident mentioned that some sun glare was present on the day, but the skipper did not consider that this was a factor that contributed to the collision.

Drugs and Alcohol

Drugs and alcohol can be ruled out as a contributing factor in this incident. The skipper and all the divers aboard That's Unreal were tested for drugs and alcohol after the incident in accordance with their company's policy and procedures. They each tested negative to all substances.

This policy is commendable, since it removes speculation after the event and also, more importantly, promotes professional conduct among the skippers and crews.

Actions After the Event

The skipper of That's Unreal fulfilled his moral and legal obligations after the collision by immediately returning to Happy Jack, checking on the condition of its skipper, and offering assistance.

Both skippers promptly submitted incident reports to MaST.

Response by the Operators of That's Unreal

The single control measure implemented by the operators of That's Unreal in response to their internal investigation was to "Communicate to all vessel crews to be vigilant when operating vessels. This incorporates all the crew on board vessels, this will be done in tools box meetings. A Memo will also be circulated."

Notwithstanding the intent behind this direction, it remains the responsibility of the skipper of the boat to ensure that a proper lookout is kept, regardless of how this is achieved.


14

Conclusions

The primary cause of the collision was the failure of That's Unreal to keep a proper lookout in the minutes leading up to the collision.

A contributing factor was the speed at which That's Unreal was traveling. Given the conditions, 30 knots was arguably a safe speed. However, the high speed lessened the time available for scanning the horizon in order to keep a proper lookout, and it allowed little time for taking effective action to avoid collision. In addition, the high speed greatly increased the possibility for serious or even fatal injuries in the collision.

A further contributing factor was the low profile and small size of Happy Jack, making it more difficult to see than higher sided boats, together with the fact that it was operating in an area where it might be considered unusual to find such a small boat. This is not to suggest that Happy Jack was doing anything it was not legitimately entitled to do.


15

Recommendations

• Operators and skippers are reminded of the utmost importance of keeping a proper lookout. The safety of all users of the waterways depends upon it. When operating at high speed, this importance is magnified due to the increased possibility of more severe injury and damage and the reduced response time available. Higher speeds must be accompanied by greatly increased vigilance when keeping lookout.

• Operators and skippers are reminded that high speeds may not be appropriate in conditions of reduced visibility, or in weather conditions which may make low-freeboard boats more difficult to see, or in areas where low-freeboard boats are likely to be encountered.

• Skippers should operate at high speed only if they can be certain that they are not putting any person or boat at risk. If in doubt, slow down.

• Operators and skippers of high speed craft should consider a policy of nominating a dedicated lookout when there are personnel available for this role on board.

• MaST should consider promulgating this report to other operators of high-speed craft to alert them to the risks their operations pose to low-visibility boats, since kayaks and small expedition boats might be encountered throughout all Tasmanian waters.

• Organisers of events involving small, low-visibility craft should notify the operators of commercial vessels such as fish-farms and tourist boat operators in the areas they will be traversing so that they can include warnings to the skippers in their daily operation instructions about the passage of small boats in the vicinity. MaST should consider promulgating this advice to organisations such as the LBT, high schools and tourist operators offering kayak tours.

• Operators of small craft are advised to consider maximising their visibility by using high visibility or florescent flags, high visibility colours on hulls, and by wearing high visibility clothing. Strobe lights fixed to hulls or masts would also enhance visibility, even in daylight hours.

Peter ManthorpeCygnet, 23 July 2013


16

Appendix: Photos

Happy Jack, showing damage.

That's Unreal. (Photos courtesy of Huon Aquaculture)


17

that's unreal and happy jack - mast · the stem of that's unreal ran over the foredeck of...

Documents